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Point (b) we can certainly agree on. But point (a) is a bigger and largely separate issue. There's only so much leeway Delaware can give to defendant directors before the equilibrium breaks. My fear is that fee-shifting by-laws would be the straw that finally breaks the camel's back. That's in no-one's interest, not even Delaware's in the long run.
So bar lobbying for ban on fee-shifting bylaws is interest group politics, but 'business community' lobbying against ban isn't? Sorry but I don't see why one position is any more partisan than the other.
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Aug 3, 2015